- (1.) The Petitioner had claimed compassionate appointment on the post of Sub-Inspector under the U.P. Recruitment of Dependant of Government Servants Dying in Harness Rule, 1974 (hereinafter referred to as the ''Rules') as his father died in harness while working in the Police Department. The appointment on the post of Sub-Inspector was denied to the Petitioner as the Government Orders dated 20th September, 2006 and 25th June, 2007 prohibited making compassionate appointment on these posts but the Petitioner was appointed on the post of Constable on compassionate ground. It transpires that subsequently Writ Petition No. 4746 of 2008 (Mukesh Shukla and Ors. v. State of U.P. and Ors. Writ Petition No. 4746 of 2008) was filed by certain persons who had been denied appointment on compassionate ground on the post of Sub-Inspector and this petition was allowed by the judgment and order dated 7th August, 2008. The Petitioner has, therefore, filed this petition with a prayer that he may now be considered for appointment on the post of Sub-Inspector since the two Government Orders which had been made the basis for denying him appointment on the post of Sub-Inspector on compassionate grounds, have been set aside by the Court.
(2.) It is contended by the learned Counsel for the Petitioner that the Petitioner was left with no option but to accept the appointment on compassionate grounds on the post of Constable since written communication was sent to him by the Department that because of the two Government Orders, he will not be offered appointment on the post of Sub-Inspector.
(3.) On 5th August, 2010, time was granted to the learned Standing Counsel to file the counter affidavit but no counter affidavit has been filed till date.;